RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 February 2008
DOCKET NUMBER: AR20070015898
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Rial D. Coleman
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Carmen Duncan
Member
Ms. Rea M. Nuppenau
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was awarded the Legion of Merit. The applicant further requests issuance of a DA Form 4980-11 (Legion of Merit Certificate) upon which his name is properly spelled.
2. The applicant states, in effect, that the above award was not placed on his DD Form 214 because it was not approved until after the date he out processed through the Separation Transfer Point prior to retirement. The applicant continues that his last name is incorrectly spelled on the DA Form 4980-11.
3. The applicant provides a copy of DA Form 4980-11 as documentary evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows that he enlisted into the United States Army on
19 February 1974 and was directly appointed as a warrant officer on 4 August 1989. He successfully completed the warrant officer entry and certification courses. Upon completion of the certification course, he was awarded the military occupational specialty (MOS) 670A (Health Services Maintenance Technician). The highest rank and grade he attained while serving on active duty was chief warrant officer three (CW3)/pay grade W-3.
3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending
31 January 2000 and issued to him upon retirement, does not show award of the Legion of Merit.
4. Headquarters, United States Medical Command, Permanent Orders 19-2, dated 19 January 2000, awarded the applicant the Legion of Merit upon his retirement. The DA Form 4980-11 for this award is annotated with this order number and posted in the applicant's Official Military Personnel File (OMPF).
5. The DA Form 4980-11 certifying the applicant's receipt of the Legion of Merit posted in the applicant's OMPF shows his last name as "B-----T."
6. The following documents contained in the applicant's OMPF, show the spelling of his last name as "B--T--T":
a. his initial DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 19 February 1974;
b. initial warrant officer appointment orders, dated 4 August 1989;
c. Headquarters, 3rd Infantry Division (Mechanized) and Fort Stewart Orders Number 110-0001, dated 20 April 1999, announcing his retirement;
d. his DD Form 214 for the period ending 31 January 2000; and
e. his final Officer Record Brief, dated 12 February 2000.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his DD Form 214 should be corrected to show he was awarded the Legion of Merit and that he should be issued a certificate on which his name is properly spelled was carefully considered and determined to be with merit.
2. Permanent Orders awarded the applicant the Legion of Merit. Therefore, the applicant is entitled to have his records corrected to show this award.
3. Evidence of record shows the applicant's last name was misspelled on the Legion of Merit certificate presented to him and posted in his OMPF. The certificate incorrectly shows his last name spelled as "B-----T," whereas it should be spelled "B--T---T." Therefore, the applicant is entitled to receive a DA Form 4980-11 certifying his receipt of the Legion of Merit with his name correctly shown as "CHIEF WARRANT OFFICER THREE R-----D C. BT---T."
BOARD VOTE:
_JTM___ __CD___ __RMN___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show he was awarded the Legion of Merit and that he should be issued a DA Form 4980-11 on which his name is properly shown as " CHIEF WARRANT OFFICER THREE R-----D C. B--T---T."
___John T. Meixell___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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